Date of Decision: 8 Dec 1803
Abstract: In 1800, the pursuer granted some rights to Robert Archibald over certain lands in Glasgow. A considerable time after this transaction, Mr. Archibald fell into bankruptcy, so the trustee for his creditor, the defender, received Mr. Archibald’s properties, including the piece of land Mr. Archibald had received by pursuer. Pursuer brought an action to alter the interlocutors that included such land as a part of Mr. Archibald estate. He argued that the disposition over that land was not intended to be a sale, but rather, a security for a loan. Therefore, he was entitled to redeem the property upon payment of the credit. Trustee opposed the petition on the grounds that Mr. Archibald acquired the completed right of the land which is now vested in his creditors.
Subjects: Personal and Real, Bankruptcy, deposition of land, Trustee

Published Report

William Morison, The Decisions of the Court of Session (1811), 10269

Litigants

Defender:
John Duncan
Pursuer:
James Wylie

People or Organizations Associated with Case

Named in case documents:
Robert Archibald
Agent:
R. Boyd, W.S.
James Smyth, W.S.

Organizations